Court of Appeals for the Second Circuit May 9, 1963, 318, Docket 27897 (Backus Plywood Corp. v. Commercial Decal, Inc. And Alfred Duhrssen)

HAYS, Circuit Judge.

This is an action for breach of an alleged oral agreement, and for misrepresentation. The district court entered partial summary judgment dismissing under the statute of frauds so much of the complaint as was based on breach of contract, and invoked Fed.R.Civ.P. 54(b) to permit plaintiff an immediate appeal.